Preclusive Effect Of PTAB Decisions Gets A Fresh Look

Law360, New York (June 19, 2015, 10:42 AM EDT) -- The America Invents Act created several adjudicative proceedings within the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, including inter partes review, post-grant review, and covered business method review.[1] The AIA also provided explicit estoppel provisions with respect to district court litigation for those proceedings.[2]

However, as far as district court litigation goes, these provisions all run against the patent challenger (the petitioner) in the PTAB proceeding. After an IPR or PGR proceeding, these provisions prevent a petitioner from asserting in district court that a claim is invalid on any “ground” that the petitioner “raised or reasonably could have...

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